# Montgomery v. State

> Court of Criminal Appeals of Texas · June 19, 1991 · 810 S.W.2d 372

URL: https://www.frixlaw.com/law-library/cases/9863163

## Case

- **Full name:** Patrick Logan MONTGOMERY, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 19, 1991
- **Citations:** 810 S.W.2d 372; 1991 Tex. Crim. App. LEXIS 146; 1990 WL 70660
- **Precedential status:** Published
- **Opinion:** Dissent by Teague
- **Judges:** Teague, Clinton, Berchelman, McCormick, White, Campbell
- **Cited by:** 6,973 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Declined to follow by a later decision (1995).
- Negative treatments: 1
- Distinguished by: 3
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9863163

## How later opinions describe it (automated extraction)

- stating that appellate deference to Rule 403 determination “is a rule of judicial restraint, intended . . . to avoid the anomaly of having appellate courts usurp a function that the system assigns to the trial courts” and grants trial judges “considerable freedom in evaluating…
- holding that trial court abused its discretion in concluding that the probative value outweighed prejudice and admitting evidence that “appellant frequently walked around naked, with an erection, in the presence of his children” in prosecution of the appellant for indecency wi…
- concluding that appellant’s instructions to victims “not to reveal the event to anyone shows a consciousness of wrongdoing which in turn leads to an inference that when he touched the children as he did, appellant harbored a specific intent to arouse and gratify his own sexual…
- stating that "[w]hen the proponent has other compelling or undisputed evidence to establish the proposition or fact that the extraneous misconduct goes to prove, the misconduct evidence will weigh far less than it otherwise might in the probative-versus-prejudicial balance"
- holding evidence of extraneous acts — that father walked around nude with erection in front of children — was relevant to issue of intent in father’s prosecution for indecency with a child although probative value of such evidence was outweighed by its prejudicial effect

## Opinion text

TEAGUE, Judge,
dissenting.
Believing that the majority opinion does nothing less than to make the waters of extraneous offenses murkier than ever before in the history of this State’s criminal jurisprudence on the subject, I respectfully dissent. Also see Boutwell v. State, 719 S.W.2d 164, 187 (Tex.Cr.App.1985) (Teague, J., concurring opinion); Robinson v. State, 701 S.W.2d 895, 901 (Tex.Cr.App.1985) (Clinton, J., opinion joining the judgment of the Court); and Morrow v. State, 735 S.W.2d 907, 908 (Tex.App.—Houston [14th Dist.] 1987).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9863163. Public record. Not legal advice.